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(영문) 울산지방법원 2017.01.11 2016가단55522
도시가스배관 매설을 위한 시설권 확인청구
Text

1. The Defendants have the right to install urban gas pipelines for the land indicated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On December 10, 2015, the Plaintiff purchased 171 square meters of land in Ulsan-gu Telecommunication (hereinafter “Plaintiff’s land”) and above-ground housing from U, and completed the registration of ownership transfer on December 30, 201.

B. The Defendants are part of the co-owners of the land indicated in the separate sheet (hereinafter “instant land”) adjacent to the Plaintiff’s land.

C. Urban gas centers for the Plaintiff’s land and above ground were not installed. The instant land is currently packed, and there is little room for use for purposes other than roads, and the instant land is the only passage to the Plaintiff’s public road. The instant land is the Plaintiff’s only passage to the Plaintiff’s public road, and the straight line from the Plaintiff’s land to the place where the existing urban gas pipeline was installed is limited to about 10 meters in straight line, and it is most likely for the Plaintiff to install urban gas pipeline by passing the instant land.

[Ground of recognition] Defendant P, J, N, andO: The absence of dispute, Gap evidence No. 1-2, 2, 3, Gap evidence No. 2-1, 2-2, Gap evidence No. 3-1, 2-2, and the purport of the whole pleadings, other than the above Defendants: The remaining Defendants by a confession offer (Article 208(3)2 of the Civil Procedure Act)

2. In a case where a land owner fails to pass through another person’s land, or where necessary water supply, gas pipes, electric wires, etc. are unable to be installed or excessive costs are required, they may pass through another person’s land (Article 218(1) main text of the Civil Act). According to the above facts, in order for the Plaintiff to install gas pipes to be supplied with urban gas, it can be recognized that the Plaintiff must pass through the land of this case owned by the Defendants. Thus, the Plaintiff has the right to seek the prevention of the Defendants’ interference with the right to install urban gas pipelines and its facilities, which

3. Thus, the plaintiff's claim against the defendants is justified, and the costs of lawsuit are borne by each party under Article 99 of the Civil Procedure Act.

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